SUPERIOR CHARTER TOWNSHIP BOARD
REGULAR MEETING
APRIL 3, 2006
ADOPTED MINUTES
PAGE 59
1. CALL TO ORDER
The regular meeting of the Superior Charter Township Board was called to order by the Supervisor at 7:30 p.m. on April 3, 2006, at the Superior Township Hall, 3040 North Prospect, Ypsilanti, Michigan.
2. PLEDGE OF ALLEGIANCE
The Supervisor led the assembly in the pledge of allegiance to the flag.
3. ROLL CALL
The members present were William McFarlane, Kay Williams, Lisa Lewis, and David Phillips.
4. ADOPTION OF AGENDA
It was moved by Williams, supported by Phillips, to adopt the agenda as presented.
The motion carried.
5. APPROVAL OF MINUTES
A. REGULAR MEETING OF MARCH 20, 2006
It was moved by Williams, supported by Phillips, to approve the minutes of the regular Board meeting of March 20, 2006, as presented.
The motion carried.
6. CITIZEN PARTICIPATION
A. GARVIN SMITH APPRECIATION DAY – APRIL 8, 2006
Fire Chief Garvin Smith has been a member of the Fire Department for over 50 years. A dinner will be held at the Ypsilanti Fire Museum honoring him on April 8.
Garvin Smith was present at the meeting to receive the framed Resolution. He said that being on the Fire Department was a “labor of love”. Even after 50 years it is a thrill to jump in a fire truck and help someone in need. He commended the past and present fire fighters as highly skilled and trained men who are an asset to their community. He also complimented the Board and community for being supportive of the Department.
It was moved by Williams, supported by Lewis, that the Superior Charter Township Board adopt the following Resolution:
SUPERIOR CHARTER TOWNSHIP
WASHTENAW COUNTY, MICHIGAN
APRIL 3, 2006
A RESOLUTION HONORING FIRE CHIEF GARVIN SMITH
WHEREAS Garvin Smith has served our community as a member of the Fire Department for over 50 years; and
WHEREAS he was appointed Fire Chief on October 8, 1985; and
WHEREAS under his leadership the Department has grown to a nine full-time firefighter plus six paid-on-call department; and
WHEREAS he was influential in the planning and oversight of the building of the new Fire Station at Ford and Prospect; and
WHEREAS Chief Smith’s leadership was instrumental in bringing recognition as being one of the best fire departments in Southeast Michigan;
NOW, THEREFORE, BE IT RESOLVED that the Superior Charter Township Board wishes to thank Fire Chief Garvin Smith for his dedication to our community and his expertise in the execution of his duties as Fire Chief;
AND BE IT FURTHER RESOLVED that April 8, 2006, is hereby declared
GARVIN SMITH APPRECIATION DAY.
Roll call vote:
Ayes: McFarlane, Williams, Lewis, Phillips
Nays: None
Absent: McKinney, Caviston, Green
The motion carried.
B. TOM FREEMAN – NATURAL AREAS PRESERVATION PROGRAM
Tom Freeman, Superintendent of Park Planning for Washtenaw County Parks Department and in charge of the Natural Areas Preservation Program, was present to discuss areas in Superior Charter Township that might be available for the program. The acquisition of land for the program must come from nominations by the land owner. The Program is only for preservation of open space and passive recreation.
Freeman discussed the proposed land acquisition at the southeast corner of Prospect and Ford. It is a high-quality site with woods, wetlands and farmland and is adjacent to the Spring Hill Preserve. The Program is currently negotiating with the owners. If purchased, a six-space parking lot would be built near the road and trails would be established and maintained. Seven per cent of the funds have been designated for maintenance.
McFarlane asked about land south of Geddes that might be acquired for active recreation. Freeman said that the Park Department is considering it.
C. JACK CEO – 800MHz PRESENTATION
Jack Ceo, Deputy Chief of Saline Police Department, gave a presentation to the Board in support of the ballot proposal on the May 2 Election ballot for the 800 megahertz radio system and the needs of the system as a whole. He said the present system is outdated and the police and fire departments of several communities cannot communicate with the rest of the County. If the new system was in place, all departments could talk to departments throughout the entire State. The millage is for 0.2 mills for 10 years.
7. REPORTS
A. SUPERVISOR
The Supervisor reported on six items:
1. On April 4 an information meeting will be held at 7:00 p.m. at the Township Hall to give interested citizens the known facts about the rash of animal killings in the Township.
2. McFarlane will convene a Blue Ribbon Committee to do fact-finding on the future police services in the Township. He will have the charge ready for Board approval at the next meeting.
3. The sewage lift station at the Township Hall failed last week and the pump had to be replaced.
4. The Annual Road Commission Meeting will be at the regular meeting of the Board on April 17.
5. T-mobile is interested in placing a tower at the Utility Maintenance Building site.
6. The Auditors will give the 2005 Audit Report on May 1.
B. DEPARTMENT REPORTS: PLANNING COMMISSION COORDINATOR, PARK COMMISSION MINUTES
It was moved by Williams, supported by Phillips, that the Planning Commission Coordinator Report dated March 29, 2006, and the Park Commission Minutes for February 27, 2006, be received.
The motion carried.
C. JANUARY 2006 FINANCIAL STATEMENTS - ALL FUNDS
It was moved by Williams, supported by Phillips, that the Superior Charter Township Board receive the January 2006 Financial Statements for all funds: General, Fire, Law Enforcement, Parks and Recreation, Streetlights, Payroll, Trust and Agency, Utilities, Building, Side Street Maintenance, Fire Reserve Fund, and Fire Construction Bond Fund.
The motion carried.
8. COMMUNICATIONS
A. UTILITY DEPARTMENT OFFICE BUILDING NEEDS ASSESSMENT STUDY
In January, 2006, the Utility Department received approval from the Board to have a facility needs assessment for the Utility Department Administrative Building. The assessment, which was performed by Fry and Partners Architecture, focused on three major areas, as follows:
Reopening a lobby area to our residents,
Addressing both current and future staffing/equipment needs,
Maintaining as much of the existing interior design as possible in order to reduce costs
The total estimated price to remodel the interior of the building so that it meets the parameters listed above is $315,500.00.
In the next few weeks, the Utility Department will be providing an update to the Board of the Capital Improvements Program. Included in this presentation will be a list of all major capital projects that will be needed over the next few years as well as a funding plan for these projects. The renovations to the Utility Department Administrative Building will be included in this presentation.
It was moved by Williams, supported by Lewis, that the Superior Charter Township Board receive the Utility Department Office Building Needs Assessment Study.
The motion carried.
B. CITY OF YPSILANTI – RESOLUTION ON INCREASING REVENUE SHARING
The City of Ypsilanti sent a Resolution to the Superior Charter Township Board urging the Governor and Legislature of the State of Michigan to increase local revenues collected by the State and distributed under the Revenue Sharing Act. Ann Arbor City has adopted a similar resolution.
It was moved by Williams, supported by Lewis, that the Superior Charter Township Board receive the Resolution adopted by the City of Ypsilanti regarding increasing State Revenue Sharing to local units of government.
The motion carried.
9. UNFINISHED BUSINESS
A. REQUEST TO EXCEED MAINTENANCE LIMIT ON N. BRANCH #2 KIMMEL DRAIN
Flooding is occurring along side and washing over Jordan Road (private) and along Cherry Hill Road in Section 15 just east of the Township Hall. It appears that several large blow holes in the 15 inch tile line are obstructing the drain and causing a safety hazard. The cost to fix the problem is approximately $10,000.00. The annual allowable maintenance limit for this drain is $2,500 per year as set by the Michigan Drain Commission unless a resolution by the Board authorizes the Drain Commission to exceed the maintenance limit.
This matter was tabled at the March 20 Board meeting as several questions were raised by Board members and citizens in the audience. Dennis Wojcik from the Drain Commission was present to address those concerns. Mr. Wojcik said that the current drain, which was put in in 1921, was a safety hazard as some of the broken pipe exposed holes five feet deep. The flooding problem was not caused by the meets and bounds subdivision which has been built on the land to the north.
While Mr. Wojcik was speaking, McFarlane left the meeting to deal with a family emergency.
After Mr. Wojcik had answered all the questions on the matter, the Board took a short break. During that break, Nancy Caviston, who was recovering from oral surgery, came to the meeting to insure that there was a quorum. Phillips chaired the meeting as Chair Pro Tem.
It was moved by Williams, supported by Caviston, that the Superior Charter Township Board adopt the following Resolution:
SUPERIOR CHARTER TOWNSHIP
WASHTENAW COUNTY, MICHIGAN
APRIL 3, 2006
A Resolution Authorizing the Drain Commissioner to Exceed the Statutory Spending and Assessment Limit of $2,500 Per Year for the Maintenance And Repair of the N. Br. #2 Kimmel Drain
WHEREAS, the N. Br. #2 Kimmel Drain is a drain located in the Superior Township which drain was constructed in accordance with the Drain Code of 1956; and
WHEREAS, the Drain Commissioner of Washtenaw County is entrusted with the responsibility of ensuring proper maintenance and repairs are made to said drain; and
WHEREAS. the Drain Commissioner, pursuant to statute, has inspected the N. Br. #2 Kimmel Drain, which inspection revealed that repair work is necessary inasmuch as said inspection "revealed broken and collapsing tile with surface blowholes both north and south of Cherry Hill Road, and flooding occurring both on Jordan Road and Cherry Hill Road"; and
WHEREAS, the Drain Commissioner of Washtenaw County has estimated that the further repair of the N. Sr. #2 Kimmel Drain will be approximately $7,500; and
WHEREAS pursuant to the Drain Code of 1956, the Drain Commissioner cannot exceed the expenditure of $2,500 for the maintenance and repair of the N. Br. #2 Kimmel Drain unless approved by resolution of the Township Board; and
WHEREAS, the Drain Commissioner has requested the Township Board to pass such a resolution authorizing the Office of the Drain Commissioner to exceed the statutory spending limit allowed on the N. Br. #2 Kimmel Drain, to wit: $2,500 per year so as to allow repair of said drain;
NOW THEREFORE, BE IT RESOLVED that the Township Board for Superior Charter Township hereby approves and authorizes the Office of the Drain Commissioner to exceed the statutory spending assessment limit of $2,500 per year for the repair of the N. Br. #2 Kimmel Drain in the exceeded amount of $7,500.
I, Kay Williams, Clerk of Superior Township, Washtenaw County, Michigan, hereby certify the approval of Resolution by Superior Township Board at a regular meeting held April 3, 2006,
Roll call vote:
Ayes: Williams, Caviston, Lewis, Phillips
Nays: None
Absent: McFarlane, McKinney, Green
The motion carried.
B. PRIVATE COMMUNITY WASTEWATER SYSTEMS ORDINANCE NO. 166 – FINAL READING
Minor changes have been made from first reading that did not substantially alter any meaning of any section. Some discussion concerning salts in water softeners ensued, and the Township Engineer agreed that salts constituted a problem that would need to be dealt with if a community wastewater system was built in the Township.
It was moved by Williams, supported by Caviston, that the Superior Charter Township Board adopt the following Ordinance for final reading:
PRIVATE COMMUNITY WASTEWATER SYSTEMS
SUPERIOR CHARTER TOWNSHIP, MICHIGAN
Ordinance No. 166
SECTION I - GENERAL
Section 1.1 - Intent and Purpose.
The Township provides public wastewater disposal services within designated sewer service areas under a contract with the Ypsilanti Community Utilities Authority and the Township of Ann Arbor. Those areas outside the public sewer service area are generally to be served by individual septic systems. However, in certain cases, in order to accommodate clustering of development and to preserve significant agricultural areas or open space areas, private community wastewater disposal systems ("PCWS") may be deemed necessary by the State, the County or the township.
Pursuant to Part 41 of Act No. 451 of the Public Acts of 1994, as amended, the Michigan Department of Environmental Quality ("MDEQ") is authorized to issue permits for private community on-site wastewater disposal systems that serve more than one property (referred to as a "private community wastewater system" or "PCWS"). While the Township recognizes that a private community wastewater system may be in the best interests of the health, safety, and welfare of the Township and the residents in some limited circumstances, the Township requires assurance that, should an Act 451 permit be issued, the Township shall be indemnified from any costs or liability in connection with the design, construction, operation, maintenance, repair and/or replacement of that PCWS. The Township also recognizes that should the services of a PCWS fail or improperly function, the extension of public sewer systems may not be possible under contracts with the Township of Ann Arbor and the Ypsilanti Community Utilities Authority (YCUA) and in such event an adequate replacement reserve for the PCWS is essential. Accordingly, no building or zoning permits shall be issued for any developments for which an Act 451 permit is required and/or has been issued unless the proposed PCWS also complies with the requirements of this Ordinance. For these purposes, this ordinance is intended to regulate PCWS within the Township.
SECTION II - DEFINITIONS
Section 2.1 - Definitions
A. ACT 451 means Act. No. 451 MCL 324.4101 to 324.4111) of the Michigan Public Acts of 1994, as amended.
B. ACT 98 PERMIT means a permit issued in accordance with the provisions of Act. 98.
C. APPLICANT means a person or entity having an ownership or other contractual interest in land who proposes to construct a PCWS or expand a PCWS on the land.
D. ASSOCIATION, for a condominium development, shall have the same meaning as "association of co-owners" found in Act No. 59 of the Michigan Public Acts of 1978, as amended. For a subdivision or other development, association shall mean an association of homeowners or property owners organized as a non-profit corporation, organized as an LLC, PLC, or PC, as defined in HB 4860 and authorized pursuant to deed restrictions and/or restrictive covenants in a particular development to govern the affairs of the subdivision or other development.